Former Derry official's lewdness trial is postponed
DERRY — The trial of former Town Administrator John Anderson on lewdness and indecent exposure charges has been postponed.
The trial had been scheduled for March 7 in the 10th Circuit Court in Derry but was changed by Judge Lucinda Sadler last month to a motion to dismiss hearing. At the hearing, witnesses can be called and it will be determined whether the case can go to trial, according to a court official.
Anderson's trial had been scheduled for Friday, Dec. 13, in the 10th Circuit Court in Derry, but that date had to be changed because of a scheduling conflict.
Anderson, 50, has pleaded not guilty to the misdemeanor charges of allegedly inviting a DirectTV salesman into his house on July 11 while in the nude and acting inappropriately.
In a Jan. 10 hearing before the judge, Anderson's attorney James Rosenberg raised the issue of whether the alleged conduct is a crime if done in the privacy of one's home, according to a court order.
Rosenberg had argued previously that his client was in the privacy of his own home when the alleged inappropriate conduct occurred, and the salesman remained in the home.
The salesman, by his own admission, continued to "pitch" the satellite TV product in Anderson's home, Rosenberg said
After leaving, the salesman allegedly left behind a brochure for Anderson with his own phone number handwritten on it, Rosenberg said.
Rosenberg directed a subpoena to DirectTV to supply copies of its policies and procedures "regarding its sales people entering homes and leaving their phone numbers behind."
But after the company refused to supply the materials, Rosenberg then asked that the court subpoena the DirectTV information.
Rockingham County Attorney Kristen Wilson objected to the motion to compel discovery of the sales procedures and other materials. Wilson wrote that by entering the home while Anderson was in the nude and staying for a brief period of time, it is unreasonable to argue that the salesman could have invited or enjoyed Anderson's inappropriate conduct.
"In no way does someone, by choosing the vocation of door to door sales, invite sexual or physical affront," Wilson said.
Anderson was placed on administrative leave on July 12. He was discharged without cause in late October and received a settlement of approximately $45,000, according to a signed separation agreement. He remains free on $2,000 personal recognizance.